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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for the approval by the Public Utility |
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Commission of Texas of certain coastal facilities for the provision |
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of electric service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 37, Utilities Code, is |
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amended by adding Section 37.0561 to read as follows: |
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Sec. 37.0561. COASTAL WIND POWER FACILITY. (a) In this |
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section, "wind power facility" includes: |
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(1) a wind turbine generator; and |
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(2) a facility or equipment used to support the |
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operation of a wind turbine generator, including an electrical |
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transmission or communications line, an electric transformer, a |
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battery storage facility, an energy storage facility, or |
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telecommunications equipment. |
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(b) In addition to any applicable requirements of Section |
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33.2053(b), Natural Resources Code, the commission shall comply |
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with the requirements of this section when considering an |
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application for a certificate of convenience and necessity related |
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to installing or operating: |
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(1) a wind power facility located in the area in the |
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Gulf of Mexico seaward of the coast that is within three marine |
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leagues of the coast, as set under Section 11.0111, Natural |
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Resources Code; or |
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(2) a transmission or distribution facility that |
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directly interconnects to a wind power facility located in the area |
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in the Gulf of Mexico seaward of the coast that is within three |
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marine leagues of the coast, as set under Section 11.0111, Natural |
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Resources Code. |
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(c) The commission may not grant a certificate described by |
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Subsection (b) if the commission finds that: |
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(1) the wind power facility or interconnected |
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transmission facility: |
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(A) may negatively affect established industries |
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or community values based on established industries, including: |
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(i) shipping routes; |
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(ii) general tourism; or |
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(iii) recreational and commercial fishing; |
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(B) may negatively affect the environment, such |
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as by negatively affecting the general welfare of wildlife or |
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disrupting migratory patterns; or |
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(C) may create risks for the safety of coastal |
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residents, industries, or wildlife due to the facility's location |
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in an area historically susceptible to natural disasters; or |
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(2) the public convenience and necessity does not |
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require and will not require the installation or operation of the |
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facility because electricity service is adequate in the areas that |
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would be served by the facility. |
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SECTION 2. This Act applies only to an application for a |
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certificate of convenience and necessity for which the Public |
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Utility Commission of Texas has not issued a final order before the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |